Hi forum! topic: common law app, Buffalo or in-land?

[concerned_parent]

Hi forum! I need to ask some questions in order to get our application started.

Scenario: (specific stuff)
We've known each other since college way (way way) back in our country. We bumped into each other this year Feb 2011 just as I started to work a new job. We've became lovers since then. She's has a PR here and I'm on a work visa, though we have similar jobs; she just has two and I can only work for one. As time went by we bought a car, rent a place, a joint bank accnts for the car lease; we both pay for it, pictures, etc.. this relationship is for real.

Recently, She opened up about a common-law application, b/c she wants us to move to a different province and wants me to go with her and she knows the hassles of applying work visas but she can wait til the PR application goes through. "It give us more versatility," she says.
I just read about this stuff and I know you have to be a least a year in the relationship to declare this to immigration.

Questions:
1- when we reach a year (Feb 2012) can we file an application right there and then?

2- what more does the immigration want for us to prove?

3- she has kids, would that be a factor?

4- we both have decent earnings and even if we break up *hope not* I am more than able to support myself;
do we have to declare it to immigration that we did and face all the hassles?

5- I'm already here for almost 3 years now, admitted legally, can we send the app to Buffalo to have a faster processing or do we send it in-land and wait forever? Plus, the advantage of an appeal if ever we send it to Buffalo...

6- what is the chance of an interview?

 

[pinklady]

I will try and answer some of your questions.

1. You can apply after one year of being common-law, which is living together at the same address. If you started living together in Feb 2011, then yes, you can apply in Feb 2012. If not you'll have to wait until one year has passed living together.

2. You have to show you are in a genuine relationship first and foremost. Then you should work through the checklist and make sure you have all the documents required. Police checks, medical etc.

3. Kids are not a factor, but you should try and prove that you have bonded with them and accept them. Photos are key here. And perhaps some letters from the kids about you and their mom? (Depends on how old they are obviously).

4. If you break up before the sponsor and PR application are approved then you can no longer continue with the process. If you break up later on its no concern to CIC how you support yourselves. They will however assess the sponsors eligibility and how she plans to support you. You cannot go on welfare for 3 years after you're granted PR, if you do, she will have to repay it.

5. I am not sure about this. Are you an US citizen? If so then yes you can send it to Buffalo. If not I don't know. You can still do outland, but you would have to send to the embassy representing your country.

6. No idea!

 

[scylla]

Just to add to #5...

Can you visit the US without a visa? If you need a visa to enter the US - forget about applying through Buffalo (if an interview is required, it will be held in the US). Instead, either apply inland or outland through your home country's visa office. If you are visa exempt, go ahead.

 

[concerned_parent]

It may be better for us to send it in-land just in case an interview is needed, that way I wouldn't need to take days off from work. The relationship is real, so I have nothing to worry about, I've attended graduations, bdays, doctor's appnmnts, road trips, etc.. with her kids and I feel that they welcome me to their family and sometimes call me to just share their day. It would all depend on immigration how they see the relationship. Thanks guys! ;D

 

[pinklady]

If you apply inland you will not be able to leave the country until the process is complete. you are looking at 10-11 months for stage 1 approval plus another 10 months for stage 2.
Outland taked 68 days for stage 1 plus upto 11 months for stage 2, however if you look at Buffalo timelines, they are usually much faster.
The likelihood is you would not be called for an interview.

IMO, choosing inland to avoid taking a few days off work for an interview you probably wont be called for, seems a little extreme. Especially since you have such a long history. If you send plenty of proof of your relationship you'll be fine.
For a US/Canadian couple, outland seems much more practical.
However its up to you!
Good luck!

 

[concerned_parent]

Thanks! We'll take it to consideration. The sooner we can move the better, she already has job offers there, I feel that she's not taking them b/c of me.. I feel so low right now..
Anyway, thank you for the info! I'll try to get back at this post if and when I can.
Have a good one!!